Bohlolo v Road Accident Fund (27227/2020) [2023] ZAGPPHC 713 (21 August 2023)

Bohlolo v Road Accident Fund (27227/2020) [2023] ZAGPPHC 713 (21 August 2023)

The court found that the plaintiff, while driving in a slow-moving convoy, indicated her intention to turn right and checked her mirrors and blind spot. However, she failed to take a further look into her rearview mirror immediately before executing the turn, which would have revealed the insured vehicle overtaking at high speed. The insured driver, by overtaking several vehicles at excessive speed and failing to keep a proper lookout, acted negligently and contributed significantly to the collision. The court held that the insured driver was primarily responsible for the accident, but the plaintiff bore some responsibility for not ensuring it was safe to turn. Accordingly, the Road...

Citation
[2023] ZAGPPHC 713
Parties
Plaintiff: Maria Makganane Bohlolo; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 August 2023
Case Number
27227/2020
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Defendant held 80% liable for the collision; costs awarded to plaintiff.
Judges
Nyathi
Legal Topics
Motor Vehicle Collision, Negligence, Right Turn Liability, Overtaking Duties
Delict Motor Vehicle Collision Negligence Right Turn Liability Overtaking Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Maria Makganane Bohlolo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the plaintiff exercised reasonable care when turning right across following traffic.
  2. 2 Whether the insured driver was negligent in overtaking several vehicles at high speed.
  3. 3 Apportionment of liability between the plaintiff and the insured driver.

Ratio Decidendi

The court found that the plaintiff, while driving in a slow-moving convoy, indicated her intention to turn right and checked her mirrors and blind spot. However, she failed to take a further look into her rearview mirror immediately before executing the turn, which would have revealed the insured vehicle overtaking at high speed. The insured driver, by overtaking several vehicles at excessive speed and failing to keep a proper lookout, acted negligently and contributed significantly to the collision. The court held that the insured driver was primarily responsible for the accident, but the plaintiff bore some responsibility for not ensuring it was safe to turn. Accordingly, the Road...

Court Disposition

Defendant held 80% liable for the collision; costs awarded to plaintiff.

Orders

  • The defendant is held to be 80% liable for the collision.
  • The defendant is ordered to pay the plaintiff's costs.